Held: In a
bench ruling, WCC found that while claimant admitted lying under oath,
and while a number of the details of his testimony appeared fabricated,
an injury did occur. Court relied upon emergency room records documenting
an acute episode, including physician's finding of exquisite tenderness,
testimony of credible witness that some incident occurred, and Court's
conclusion claimant lacked motivation to fabricate injury.

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Witnesses:
Credibility. In a bench ruling, WCC found that while claimant admitted
lying under oath, and while a number of the details of his testimony
appeared fabricated, an injury did occur. Court relied upon emergency
room records documenting an acute episode, including physician's finding
of exquisite tenderness, testimony of credible witness that some incident
occurred, and Court's conclusion claimant lacked motivation to fabricate
injury.

¶1 The trial in this matter
was held on January 20, 1998, in Missoula, Montana. The petitioner,
Greg Kemp (claimant), was present and represented by Mr. Kenneth H.
Grenfell. Respondent, Cigna Property & Casualty (Cigna), was represented
by Mr. Leo S. Ward.

¶3 Exhibits: Exhibits
1 though 4 were admitted over claimant's objections. Exhibits 5 through
10 were admitted without objection.

¶4 Issues: The claimant
seeks a determination that he suffered a compensable industrial accident
on May 20, 1997. He also seeks attorney fees and a penalty on account
of Cigna's denial of liability for his alleged injury. Cigna urges that
the claim is fraudulent and seeks section 39-71-2914, MCA, sanctions
with respect to the action.

* * * * *

¶5 Having considered the
Pretrial Order, the trial testimony, the demeanor and credibility of
the witnesses, the exhibits and the arguments of the parties, the Court
makes the following:

Bench Ruling Adopted

¶6 After hearing, and after
considering all of the evidence, the Court issued a bench ruling finding
that the claimant suffered an industrial injury on May 20, 1997, for
which Cigna is liable. It also entered findings concerning claimant's
credibility and his entitlement to benefits. The parties have agreed
that the bench ruling, as reflected in the transcript of the ruling,
shall constitute the Court's Findings of Fact, Conclusions of Law and
Judgment.

¶7 Therefore, the attached
transcript of the Court's bench ruling shall constitute its Findings
of Fact, Conclusions of Law and Judgment.

¶8 This JUDGMENT is certified
as final for purposes of appeal pursuant to ARM 24.5.348.

¶9 Any party to this dispute
may have 20 days in which to request an amendment or reconsideration
of these Findings of Fact, Conclusions of Law and Judgment.